Legal Opinion

State v. Pruett

Court of Appeals of Oregon

Decided November 14, 1978No. 7740695, CA 10202PublishedCited by 19 opinions

1Opinion of the Court

*185GILLETTE, J.

Defendant was convicted of carrying a concealed weapon in violation of ORS 166.240(1).1 The complaint charged that he:

“* * * did unlawfully, recklessly and with criminal negligence carry concealed about his person, a knife, other than an ordinary pocketknife, which could be used to injure the person and property of another * * (Emphasis added.)

Defendant demurred to the complaint, claiming that the emphasized language — which is a direct quote from the statute — is unconstitutionally vague and that the statute is therefore void. The demurrer was overruled, and defendant thereafter…

2Cases cited2 opinions

  1. State v. DrummondCourt of Appeals of Oregon · 1971
  2. State v. TuckerCourt of Appeals of Oregon · 1977

3Cited by19 opinions

  1. State v. MellingerCourt of Appeals of Oregon · 1981
  2. Commonwealth v. MillerMassachusetts Appeals Court · 1986
  3. Gaffey v. BabbCourt of Appeals of Oregon · 1981
  4. State v. HarrisCourt of Appeals of Oregon · 1979
  5. State v. BorowskiCourt of Appeals of Oregon · 2009

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